Delaware Abortion Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 22, 2022

Summary

Abortion is legal in Delaware through viability. Thereafter, abortion is legal only if the life of the mother is at risk or the fetus is not compatible with life outside the womb without extraordinary efforts.

Introduction

Abortion is regulated in every U.S. state, which often includes the licensing requirements of providers, restrictions on late-term abortion, and parental consent mandates. Delaware abortion laws are somewhat restrictive, requiring a 24-hour waiting period following written consent and full explanation of procedure, and the requirement that abortion providers be licensed medical doctors.

In Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overruled Roe v. Wade, the case that had recognized a federal constitutional right to abortion. Dobbs returned abortion regulation back to the states.

The following chart lists the main provisions of Delaware's abortion laws. See FindLaw's Reproductive Rights section to learn more.

Statute	Tit. 24 §§ 1702(18); 1790(a)-(b); 1783
Legal Abortion	Before viability After viability if physician certifies (a) abortion is necessary to protect the life or health of the mother; or (b) fetal abnormality
Illegal Abortion	Generally, after viability
Viability	Point in pregnancy at which physician determines in good faith that the fetus can survive outside the uterus without extraordinary medical measures
Notification for minors	24-hour notice to one parent, grandparent, licensed medical health professional, or legal guardian (unless waived by a court)
Residency Requirement	N/A